For the last couple months (actually the last 120 years) there has been an onslaught of adverse activity and strict regulation imposed on the music community in Wichita.  In many instances live music venues are being are being forced to shut down shows even though no noise ordinances are being violated.  Furthermore there has been many tickets issued to venue owners for operating without an "Entertainment Establishment" license.  The purpose of this page is to inform the Wichita community of the detrimental effects the current city policies are imposing on our music industry.

What is an Entertainment Establishment license?

-An Entertainment Establishment license is required by the City of Wichita for any business that wishes to host a live music performance.  It imposes strict regulation and carries a yearly fee of $400.  You can read the full description here.

Do most cities regulate live music?

-No.  Most cities do not regulate live music with special licenses or permits.  Out of 9 cities researched (Des Moines, Lawrence, Kansas City, Omaha, Lincoln, Chattanooga, Nashville, Austin, and Wichita), Wichita is the only city who imposes regulation on live music beyond typical noise ordinance enforcement.

Why does Wichita have such contrasting city policies?

-In the 1890's the Wichita City Council was looking for ways to re-brand the image of Wichita. They wanted to get away from the idea of the "wild cow town" and be instead recognized as a modern "civilized" metropolis. The way they decided to do this was to impose strict regulation and harsh penalties on drinking, gambling, prostitution, dancing, and music. This helped shut down most of the activity in Delano (though "illegal" operations remained) and it helped to establish Wichita as a more "refined" mid-western city. This thinking lasted well through the 20th century, and the laws that are in place today are very much shaped around these century old ideas.

How does this affect live music in Wichita?

-The policing of live music in Wichita is very detrimental to our community, our culture, our economy, our citizen retention rate, our tourism, and our overall quality of life as residents.  These policies have a significant impact on the revenue generated by music venues, musicians, music promotors, and the music industry as a whole.  They discourage our citizen retention rate by alienating musicians and music patrons at a very young age, ultimately making other cities with open arm policies a much more appealing place of residence.  Throughout our cities history musicians have been punished for the work they do.  This cannot be allowed to continue.

What's with the noise ordinances in Old Town?

-You can read the full description of the current noise ordinance here.

Why are the current noise ordinances a problem?

-The current noise ordinance regarding Old Town is an issue of concern.  Old Town is an area deemed as Wichita's Entertainment District.  Live music is an integral part of the economy and appeal of Old Town.  However recently, there has been a large number of noise complaints by new residents of Old Town.  So far these complaints pale in comparison to the thousands of people who go to old town every week to enjoy all of its entertainment options, yet the complainants have been victorious in getting many shows shut down.  This is a massive hinderance to the progression of entertainment in Wichita and the economy of our music community. 

Furthermore, research has been done in to the "average background noise" as outlined in the noise ordinance.  We have found on a typical Friday or Saturday night background noise can be in excess of 78db, before a single note of music is played.  A conversation between two people ten feet away can add the 3db's it would take to get a venue shut down for the evening and potentially fined.  

What can we do to alleviate the problem? 

-A revision of current city policy is necessary to show the Wichita community, as well as the whole nation, that our city embraces live music.  Currently research is being conducted as to what an appropriate ordinance would look like.  This will be a proposal that is based upon factual evidence gathered to support our local music community.

What can be done now?

-Email our esteemed city council and politely inform them of your support of live music.  They must know that this is something our community as a whole embraces.

Carl Brewer - cbrewer@wichita.gov
Janet Miller - jlmiller@wichita.gov
Jim Skelton - jskelton@wichita.gov
LaVonta Williams - LKWilliams@wichita.gov
Sue Schlapp sschlapp@wichita.gov
Paul Gray - pgray@wichita.gov
Jeff Longwell - jlongwell@wichita.gov


I have an idea/suggestion/comment to contribute!

-Please do, by all means!  Click the button below and fire away!

• • • Benjamin David Fleming
    • ninth and waco
    • Nov 14, 2010 @ 7:10 AM

  • I don't play music, I don't throw shows, I don't think I'm a rock star. What I'm striving to become is an intelligent human being. I will not hide behind anoniminity. What I do know is that laws that were so poorly written are only enforced at the behest of the uninformed, angry or unintelligent complaniant. Would a speeding ticket written using a radar gun purchased at radio shack stand up in court? Only if you didn't hire an attorney. The cops are only the first half of the fight, if they really are using db scales purchased at radio shack, buy better ones if you throw shows. get accurate as hell. he who has the more exspansive tools wins in court.

• • • Rebecca
    • Downtown
    • Oct 6, 2010 @ 8:52 PM

  • Adam, do you think it would be possible for you to come up with a standard e-mail containing relevant concise information, that can be slightly altered for numerous submissions to city council by supporters?

    Or simply what specific things would be most relevant to bring up to our city council members attention as supporters of this research?

    I as well as many others continue to sincerely appreciate what you do. Congratulations on your City award for your efforts on First Friday!

    To all others reading this, as Adam said above; we are not fighting city council or anyone else on this. It is simply a journey to a greater future for the music industry as a whole, in Wichita. The city is aware that there are issues. We just need to convince them that a little tailoring is in order.

    Brian, Thanks for your suggestions .

• • • Adam Hartke
    • Wichita, KS, United States
    • Oct 6, 2010 @ 3:48 PM

  • 1. I have already met with the City Council, who were very receptive to the idea of looking at the potential revision of these laws.

    2. I have been researching this diligently for over 2 months now, and am continuing to research as of now.

    3. Community support is always important. It is necessary for the City Council to hear about this from the community. Due to recent incidents, it is also unavoidable at this point. The intention of this page is to educate people of the issue, so they can decide for themselves if they support it or not. I felt this is necessary due to the many people who had misconstrued information. So I posted a factual layout of what is going on.

    4. I am an independent business owner in Wihcita, and have been for over 5 years now. This very website is for my business.

    5. Before I went into business for myself, I was a community organizer, working with low income families to fight for change through policy change. I have done this in Kansas, Missouri, and Iowa. This isn't my first trip to the show.

    6. I hope that anyone and everyone who emails the City Council is respectful, tactful, and well informed. Hence the reason for this page.

    7. Change never happens as the result of the actions of those who don't believe change can happen.

    8. The the other cities listed above, who's policies and codes have been fully researched, were chosen due to the fact that they all have vibrant music scenes.

    9. I am well versed in city licensing. The two girls at the licensing desk know me by my first name due to the frequency I visit them. One of the main reasons I recognized these problems is due to my regular dealings with these policies.

    10. Research has been done, and is continuing to be done on different noise levels. This is not something that can be based on one reading. There has to be months of data gathering and research on this topic alone to decipher what a "typical" levels are.

    11. I appreciate what our police do. They are merely upholding the current laws, and I am very happy to live in a city that has a police force with such quality as ours. I regularly speak with many different police about this very topic and am encouraged by the support they have given me in the past. Any violation of these ordinances that occurred was not the fault of the city or the police, but the fault of the venue for not having the appropriate license. In any event I have ever done, I have met all requirements, and had a great response from our city government and our cities police force. I do however believe these policies are a hindrance to our music industry, and I feel the philosophies behind these policies are outdated.

• • • Brian
    • Riverside
    • Oct 5, 2010 @ 10:33 PM

  • Rebecca, you are right on several counts. I have dealt with the city on numerous occasions in both my work, and a few of my hobbies. So I will offer a few suggestions that might work. Please understand, that these are my experiences working with the city licensing department, (no I am not a city employee) and also some of my experiences playing in this town.

    #1 noise ordinance. The city often passes code with "Technical Jargon" that they are ill equipped to understand. The bad thing is, as someone pointed out they have a decibel meter from Radio Shack.

    Let's look at the obstacles that are faced. I have copied a section of code that is very key which states: Adjacent Zones. When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern.”

    What they are talking about is zoning. The Perk is a prime example of this. It is surrounded by residential zoning. Oldtown, which is less restrictive on the db level also has many areas which would be zoned residential. Do we see a problem?

    Basically that means if you live in a house next door to the Perk, which would be zoned residential that they can measure the sound from that area and it cannot by code exceed 55 db. This is a huge problem because according to some charts that are online, normal conversation at 3 to five feet measures around 60 db.

    If you throw in a cheap little fender passport or yamaha system which most coffee shop groups have, on a nice summer night when the doors are open you have created a mess.

    One could argue logically that a lawnmower, which is very common in residential areas often exceeds 100 db from 5' away. The problem with this arguement is that lawnmowers are not often in use after the sun goes down.

    I would be very curious what an acoustic guitar with singer would register on the db scale.

    There are several ways to get this changed. Of course it will take someone with the time and the experience of dealing with the city.

    What is in your favor you ask? Exactly what Adam has been railing about. They have a revitilaztion plan in the works. Although I have not read the plan I will assume that cultural,ie music is part of it.

    You will of course have to deal initally with the office of central inspection. They are the ones that deal with permits, zoning etc. I happen to know for a fact that it is easier to work with City Hall, than to fight it. The last thing you want to do is have a bunch of people writing council members and saying "This isn't right." City Staff, and in this case it is OCI, will make the recomendations to the council to change the wording in the city code. Go to a council meeting, staff makes recommendations and the council votes on what staff has recommended. Rage against the machine does NOT work in this case.

    If I were to take the challenge on of changing the noise ordinance. I would put together a presentation and ask to meet with OCI to have an initial discussion. Believe it or not they do listen to reason. But it needs to be well thought out with reason. Charts graphs, and sources are a great way to do this. Not a knee jerk reaction which I sense from some of the posts. We need to support music is not a reason that the city will listen to.

    They will listen to the fact that perhaps their db levels are wrong, as long as it is discussed in a constructive manner.

    The next step is who should present this to the city? Adam? no way. He will be looked on as someone who is trying to change the rules for his own benefit. Adam with the owner of the Perk, yes that is very doable. The City loves business owners. Once again it is having your ducks in a row.

    whew. ok the next order of business

    Entertainment licenses.

    Research from other cities is good. I would suggest delving into San Antonio code to see if they have a comparable code on the "waterwalk" The idea is to show them succesful cities with vibrant entertainment districts have these codes written and it is working for them.

    However, our city like many others are in a budget crunch. I would say your chances are slim and none to eliminate this licensing fee. It is probably just not the money either. The license gives the city certain rights to "have a say" in your event. The laws are basically a row of dominoes. What you need to do is space them further apart so they don't all hit each other and tumble.

    As unnamed pointed out, why wasn't a person with a clipboard sent into the Perk. Well I would guess that was because the only city employees that work past 5 and on weekends are police and fire personnel.

    So my advice is learn who to talk to, how to talk to them, and for gods sake don't sick a bunch of people on the council with their panties in a wad. You will do more damage for your cause that way.

    So there you go, my constructive comments for tonight. I hope I have painted a canvas for positive change, and perhaps given some insight into how this can be accomplished.

• • • Unamed
    • Undisclosed
    • Oct 5, 2010 @ 8:29 PM

  • There is something odd in the air. I was there (for one of the instances), when two armed men walked into the Riverside Perk and shut down the music. Wouldn't somebody with a clipboard be more appropriate then men with guns-- especially for a venue that serves pie and coffee? (Often times to children.) These men were not overly friendly either.

    The issue isn't that Adam is not following the rules, or that "Wichita is a cover band town"... what does that have to do with it? We all hear it--- Wouldn't it be great if Wichita cared about original music? Wouldn't it be great if there was more of it? Wouldn't it be great if there was somebody promoting it? Wouldn't it be great if more venues hosted it? Why yes it would be!!!! Then why does it seem like there is a concerted effort to shut it down at every whim? What are we supposed to do? Are we to say--- "Oh sorry Wichita... Please forgive us--- we will all just quit and go to America's Pub."

• • • Chris
    • Wichita
    • Oct 5, 2010 @ 6:03 PM

  • The noise ordinance as written is meaningless. Just to say 80dbA at the property line is pointless. It must also include what time averaging is used, what type spl meter, and how often it is calibrated. Maybe the club owners in Old Town could get together and hire an attorney to force the issue. As it stands the police could use a crap Radio Shack meter and cite the venue even though it's a bogus measurement.

• • • Dj
    • Wichita
    • Oct 5, 2010 @ 4:00 PM

  • I completely agree with you Adam.

    As I've already told you I played at a venue Mosaic which used to hold live music more often than it does now. That was before the cops showed up during one of our shows and said the venue needed an entertainment license which wasn't true because churches are exempt.

    They came out with their batons and threatened to actually hit a couple of people. There was an underage drinking fest in the building behind us, but the police was more worried about our show.

    I know in the years of 03-06 local music in Wichita with shows at The Lodge and other various places kept me out of alot of trouble. It gave me something to do while growing up in Wichita. There's not much to do when your between the ages of 13 and 18. But locals shows was something.

    Plus most of the shows are played on a weekend in Wichita and they end at a good time. Between 10 and 11. The people walking down the street in old town at 1am is more loud than the show that ends at 10pm.

    I wish you the best of luck on your mission. Hopefully we'll see Wichita change, so musicians like myself don't feel like we have to move out of state or to Lawrence to have a shot at playing shows and getting known.

• • • Rebecca
    • Downtown
    • Oct 5, 2010 @ 3:21 PM

  • Dear Brian,

    Anyone reading this can see you have an active relative interest in the music of Wichita Kansas. I wish you luck, you'll need it if you plan on making any money playing in Wichita

    If your band is looking to earn fair wages in the city of Wichita, or you are a citizen who would like to live in a city that has a successful music industry, which has the opportunity to grow and support itself. Why would you be against an ordinance that would support those things? How can you object to an ordinance you have not read?

    The basis for this discussion above, simply states that; "Currently research is being conducted as to what an appropriate ordinance would look like."

    On the flip side if you have relative educated input on what SHOULD be in the ordinance, why wouldn't you post that?

    Granted I have not been in the scene here as long as you, but it is fairly easy to throw a show here, I've done it hundreds of times. But, have you tried to do it on a regular basis, in the same venue, or on city property? What if you complied to every ordinance, law, permit, or anything else applicable, and your show still gets shut down because a City council members financial supporter lives next to the event, and wanted to take a nap right when your band was playing? And all the money you've invested is lost....

    I would think you having a band would agree (unless you are a cover band and its a hobby) that the bands and the venues should have rights as well. That everyone involved in the industry here, should AT LEAST be supporting the research for improvement.

• • • Shawn
    • Riverside
    • Oct 5, 2010 @ 12:35 PM

  • It is not an issue of "getting your ducks in a row" but rather an issue of an active attack against live music over the past months. I find it difficult to stand passively by as city councilmen and women say they "support" the arts and a thriving downtown yet the few individuals that are responsible for bringing culture to these areas are being arrested and charged for doing nothing more than booking a show.

    I've lived in the Riverside area for 7 years and the main reason I moved to this area was because of the shear amount of unique artistic culture that seemed to emit from every part of the neighborhood. I would walk my dog by the Perk every night and hear the sounds of laughter and music coming from the Perk and it further made me fall in love with the neighborhood because here was a place that young musicians could play to a supportive crowd and the community would rally around and support his venture rather than stifle it. But now times have changed and instead of supporting musicians we complain about noise and feel that the music is now imposing on our lives.

    I do believe that there is a need for certain regulations but those regulations must be flexible enough to change with over time. Regulations by nature are implemented to regulate not impede but when laws lack the ability to evolve they become a hindereance. That is the major issue with these regulations. There is lack of consistency and the laws are now harming the community.

    This shouldn't be a battle between parties but rather a moment in which the community and it's leaders can work together to determine what is best. This is OUR commmunity and we have to be wiling to take part in making the changes we want to see instead of sitting back and passively accepting what comes accross us.

    You're doing a great deed Adam and you have all my support. I hope that everyone understands that this a moment that can create a better future but it will only happen if we choose to take part to bring forth change.

• • • Brian
    • Riverside
    • Oct 4, 2010 @ 11:44 PM

  • Adam,

    "Legally" means that you comply with ordinances, they may or may not be to your liking. I agree with your stance of trying to change things. But if you are promoting shows you need to make sure all your ducks are in a row.

    You might call it criminalizing, I would call it sloppy management. Again I would urge you to educate first, then work to change things. Perhaps you helped arrange a few of the shows that have been shut down. I hope not, since you have billed yourself as a promoter and you are well versed in what a venue needs to operate legally.

    Wichita is slowly but surely turning into a live music mecca. Way back when we had bands with great musicians like the Dive Kings, Dewey and the Big dogs, Pat McJimsey, The Fabulous Sh*theads, Cripple Creek, Sleepy Truckers.

    Lets face it, Wichita is a cover band type of town. It is probably a shame, but I have been to several first fridays. It is also a shame that the crowd numbers in the tens ar most of the venues. Perhaps a mix of covers and originals. It might have to involve more than one band.

    A lot of the musicians are still around, and last I checked Vinnie is alive and playing.

    The music community is not "loosing" in Wichita it is growing. Heck one of my guitar students just one a battle of the bands in Augusta.

    So in response Adam, I am not weird, werd, or wer as you posted.